When Two Worlds Collide: Cottages in Rondeau Provincial Park
In 2010, Ontarians filed an application under the Environmental Bill of Rights, 1993 (EBR) requesting that the Ministry of Natural Resources (MNR) investigate certain activities conducted by cottage leaseholders that may be degrading the habitat of native species in the park. The applicants claim that some leaseholders within the park are not complying with their lease agreements because they constructed off-lease structures, such as pathways, beach houses, volleyball nets, tennis courts, and docks without a permit.
Provincial Parks and Conservation Reserves Act, 2006
The Provincial Parks and Conservation Reserves Act, 2006 (PPCRA) governs provincial parks and conservation reserves in Ontario, which are administered by MNR. Under the Act, MNR’s first priority when planning and managing provincial parks and conservation reserves shall be the maintenance of ecological integrity. According to the PPCRA, ecological integrity refers to a condition in which “components of ecosystems and the composition and abundance of native species and biological communities are characteristic of their natural regions and rates of change and ecosystem processes are unimpeded.” This includes healthy and viable populations of native species, species at risk and the habitat on which they depend, and levels of air and water quality consistent with protection of biodiversity and recreational enjoyment. For additional information on the PPCRA, please see the ECO’s 2006/2007 Annual Report.
A work permit is required to undertake certain activities in provincial parks and conservation reserves, such as: constructing, expanding or placing buildings or structures; constructing trails or roads; and clearing land.
Ministry Response
In November 2010, MNR determined that an investigation under the EBR was unnecessary because it was already addressing the applicants’ concerns through ongoing investigations, compliance and enforcement actions. MNR stated that since 2007, it has taken a “stepwise approach to achieve leaseholder compliance with the [PPCRA].” This approach includes letters, meetings and written warnings to individual leaseholders. MNR also stated that it charged one cottage leaseholder with cutting grass off the leased lot and the matter was before the courts.
For the full text of the ministry decision, see our website at www.eco.on.ca.
ECO Comment
MNR’s decision to deny this EBR application is technically reasonable given the ministry’s ongoing investigation into this matter.
However, the ECO also believes that it was reasonable for the applicants to submit an application for investigation on this matter. The applicants documented that for over three years, MNR acknowledged problems in the park with off-lease structures and that there were violations of lease conditions. It is unclear at what point MNR will stop writing contravention warning letters and start laying additional charges. Without clear action, MNR is sending the wrong signal to leaseholders and the public; the ministry must show through its actions that it takes its enforcement responsibilities seriously.
The ECO stresses that provincial parks are dedicated to the public with the clear purpose of maintaining the ecological integrity of these protected areas. Both MNR and the cottage leaseholders have a legal obligation to ensure that biodiversity is safeguarded and left unimpaired for future generations. It is long-standing MNR policy that the leases in Rondeau and Algonquin provincial parks will expire in December 2017 based on the recognition that such land uses are inappropriate in protected areas. Until that time, MNR and cottage leaseholders must be diligent to safeguard these ecologically significant sites on behalf of all Ontarians.
For a more detailed review of this application, please refer to Section 6.2.3 of the Supplement to this Annual Report. For ministry comments, please see Appendix C.
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| This is an article from the 2010/11 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2011. "When Two Worlds Collide: Cottages in Rondeau Provincial Park." Engaging Solutions, ECO Annual Report, 2010/11. Toronto: The Queen's Printer for Ontario. 76-77.
